BILL NUMBER: SB 104	CHAPTERED  04/15/99

	CHAPTER   10
	FILED WITH SECRETARY OF STATE   APRIL 15, 1999
	APPROVED BY GOVERNOR   APRIL 15, 1999
	PASSED THE SENATE   APRIL 5, 1999
	PASSED THE ASSEMBLY   MARCH 25, 1999
	AMENDED IN ASSEMBLY   FEBRUARY 25, 1999

INTRODUCED BY   Senator Brulte
   (Coauthors:  Assembly Members Cardenas, Granlund, Hertzberg, and
Longville)

                        DECEMBER 10, 1998

   An act to amend Section 87406 of the Government Code, relating to
the Political Reform Act of 1974, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 104, Brulte.  Postgovernment employment:  restrictions.
   Existing provisions of the Political Reform Act of 1974 prohibit a
designated employee of a state administrative agency, among others,
from representing any other person before any state administrative
agency or officer or employee for which he or she worked for 12
months before leaving employment if the appearance or communication
is for the purpose of influencing administrative action, as defined,
among other things.  The act exempts from these provisions an officer
or employee of another state agency, board, or commission if the
appearance or communication is for the purpose of influencing
legislative or administrative action on behalf of the state agency,
board, or commission.
   This bill would expand the exemption to include an official
holding an elective office of a local government agency if the
appearance or communication is for the purpose of influencing
legislative or administrative action on behalf of the local
government agency.
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
with a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill, which would declare that it furthers the purposes of
the act, would therefore require a 2/3 vote.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 87406 of the Government Code is amended to
read:
   87406.  (a) This section shall be known, and may be cited, as the
Milton Marks Postgovernment Employment Restrictions Act of 1990.
   (b) No Member of the Legislature, for a period of one year after
leaving office, shall, for compensation, act as agent or attorney
for, or otherwise represent, any other person by making any formal or
informal appearance, or by making any oral or written communication,
before the Legislature, any committee or subcommittee thereof, any
present Member of the Legislature, or any officer or employee
thereof, if the appearance or communication is made for the purpose
of influencing legislative action.
   (c) No elected state officer, other than a Member of the
Legislature, for a period of one year after leaving office, shall,
for compensation, act as agent or attorney for, or otherwise
represent, any other person by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or any officer or employee thereof,
if the appearance or communication is for the purpose of influencing
administrative action, or influencing any action or proceeding
involving the issuance, amendment, awarding, or revocation of a
permit, license, grant, or contract, or the sale or purchase of goods
or property.  For purposes of this subdivision, an appearance before
a "state administrative agency" does not include an appearance in a
court of law, before an administrative law judge, or before the
Workers' Compensation Appeals Board.
   (d) (1) No designated employee of a state administrative agency,
any officer, employee, or consultant of a state administrative agency
who holds a position which entails the making, or participation in
the making, of decisions which may foreseeably have a material effect
on any financial interest, and no member of a state administrative
agency, for a period of one year after leaving office or employment,
shall, for compensation, act as agent or attorney for, or otherwise
represent, any other person, by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or officer or employee thereof, for
which he or she worked or represented during the 12 months before
leaving office or employment, if the appearance or communication is
made for the purpose of influencing administrative or legislative
action, or influencing any action or proceeding involving the
issuance, amendment, awarding, or revocation of a permit, license,
grant, or contract, or the sale or purchase of goods or property.
For purposes of this paragraph, an appearance before a state
administrative agency does not include an appearance in a court of
law, before an administrative law judge, or before the Workers'
Compensation Appeals Board.  The prohibition of this paragraph shall
only apply to designated employees employed by a state administrative
agency on or after January 7, 1991.
   (2) For purposes of paragraph (1), a state administrative agency
of a designated employee of the Governor's office includes any state
administrative agency subject to the direction and control of the
Governor.
   (e) The prohibitions contained in subdivisions (b), (c), and (d)
shall not apply to any individual subject to this section who is or
becomes any of the following:
   (1) An officer or employee of another state agency, board, or
commission if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
state agency, board, or commission.
   (2) An official holding an elective office of a local government
agency if the appearance or communication is for the purpose of
influencing legislative or administrative action on behalf of the
local government agency.
   (f) This section shall become operative on January 1, 1991, but
only if Senate Constitutional Amendment No. 32 of the 1989-90 Regular
Session is approved by the voters.  With respect to Members of the
Legislature whose current term of office on January 1, 1991, began in
December 1988, this section shall not apply until January 1, 1993.

  SEC. 2.  The Legislature finds and declares that the provisions of
this act further the purposes of the Political Reform Act of 1974
within the meaning of subdivision (a) of Section 81012 of the
Government Code.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order for the exemption contained in Section 1 of this act to
apply to officials holding elective office of local government
agencies at the earliest possible time, it is essential that this act
take effect immediately.
